In October 1999, sections of the Immigration Law were revised and came into effect on 18 February 2000. Here are some simple explanations of parts of the revisions which may be difficult to understand.
Firstly, a new “Unlawful Stay Offence” has been created. Those who have entered Japan using a false passport, another person’s passport, or have not followed the proper legal procedures will be penalized by this revision.
The penalty will apply from the time of arrest and prosecution. Even if one has been summoned by the immigration authorities, this does not necessarily mean that one will be fined or sent to prison.
The penalty does NOT apply to those who entered Japan with a legal passport and through the appropriate legal procedures and have simply “overstayed” their visa beyond its expiration date.
Next is the “Extention of the Period of Refusal of Re-entry into Japan” revision. This revision applies to everyone who has overstayed their visa, illegally entered Japan, were smuggled into Japan etc., and all who have been deported from Japan.
Until now, deportees had to wait for at least one year to apply for re-entry into Japan. However, under this new revision, from 18 February 2000, the period has been extended to five years. Nevertheless, those deported prior to this date may apply for re-entry after one year as at present. Either way, those who have been deported will find it very difficult to return to Japan. However, those married to Japanese citizens, permanent-resident status foreigners, or those bringing up Japanese children may possibly return to Japan even during the “period of refusal of re-entry”. Also, those in such family circumstances may, for the sake of family bonds, be given a special permit to remain in Japan even though they have overstayed their visa.
For information regarding revisions to the Immigration Law, please contact NGO Foreigner’s Assistance Network’s Information Hotline by telephone at 078-232-1290. Consultation is available for non-Japanese language speakers.